IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.2192 OF 2018 BETWEEN 1. Sri. Ramesh G., S/o. Late P.C.Gowdaiah, Aged about 55 years, R/at No.59, Maderahalli, Chikkabanavara Post, Bengaluru-560090.
2. Sri. M.Gopal, S/o. D.M.Muniyappa, Aged about 39 years, R/at No. E-74, 6th Cross, Shettihalli Village, Jalahalli West & Post, Bengaluru-560015.
3. Sri. Manjunath R., S/o. Sri. Ramakrishnaiah, Aged about 35 years, R/at No. E-73, 6th Cross, Shettihalli Village, Jalahalli West & Post, Bengaluru-560015.
4. Sri. Chandrappa D.M., S/o. Dodda Muniyappa, Aged about 53 years, R/at No. E-74, 6th Cross, Shettihalli Village, Jalahalli West & Post, Bengaluru-560015.
(By Sri. P.N.Nanjareddy, Advocate) AND Sri. N.Nanjundaiah, S/o. Late Narasimhappa, Aged about 43 years, R/at No.17, 14th Cross, Havanur Extension, Begalgunte, Nagasandra Post, Bengaluru-560073.
(By Sri. R.Vijayakumar, Advocate) …Appellants …Respondent This RFA is filed under Section 96 of CPC against the judgment and decree dated 05.12.2018 passed in O.S.No.5920/2016 on the file of the III Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for permanent injunction.
This RFA coming on for admission, this day, the Court made the following :
ORDERS ON COMPROMISE PETITION The appellants’ counsel files a memo stating that appellants 1 and 4 are not necessary parties to this appeal and therefore their names be deleted from this appeal.
Memo is placed on record. The names of accused no.1 and 4 are deleted from this appeal. Cause title of the appeal memo shall be amended showing deletion of the names of accused no.1 and 4.
2. The appellant no.2, M. Gopal and appellant no.3, Manjunath R are present before the court with their advocate. Respondent N.Nanjundaiah is present with his advocate. Appellants no. 2 and 3 and respondent present a compromise petition under Order 23 Rule 3 CPC. Compromise petition has been signed by appellants 2 and 3 and also the respondent. The advocates have also signed this compromise petition.
3. Contents of this compromise petition are read over and explained to the parties in Kannada language. They confirm that they are aware of the contents of this compromise and have entered into this compromise voluntarily.
In terms of the compromise, the respondent has today paid Rs.5,00,000/- to accused no.2 and 3. The receipt of the said sum is acknowledged by appellants no.2 and 3. Since the terms of the compromise are lawful it is accepted. Draw decree in terms of the compromise.
Sd/- JUDGE sd